Document Content

ORDINANCE ON PREFERENTIAL TREATMENT OF REVOLUTIONARY ACTIVISTS, FALLEN HEROES AND THEIR FAMILIES, WAR INVALIDS, DISEASED SOLDIERS, RESISTANCE ACTIVISTS, AND PEOPLE WITH MERITORIOUS SERVICES TO THE REVOLUTION

ORDINANCE ON PREFERENTIAL TREATMENT OF REVOLUTIONARY ACTIVISTS, FALLEN HEROES AND THEIR FAMILIES, WAR INVALIDS, DISEASED SOLDIERS, RESISTANCE ACTIVISTS, AND PEOPLE WITH MERITORIOUS SERVICES TO THE REVOLUTION

The Fatherland and people will forever be indebted to those who have made sacrifices to the revolutionary cause for national liberation and the defense of the Fatherland. Caring for the material and spiritual life of these people and their families is the responsibility of the State and the entire society;

Pursuant to Articles 67 and 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

This Ordinance establishes the Preferential Treatment of Revolutionary Activists, Fallen Heroes and Their Families, War Invalids, Diseased Soldiers, Resistance Activists, and People with Meritorious Services to the Revolution.

Chapter I

GENERAL PROVISIONS

Article 1.- The people who are entitled to the preferential treatment provided for in this Ordinance include:

1. Those who were engaged in revolutionary activities prior to the August 1945 Revolution;

2. The fallen heroes and their families;

3. The Heroes of the People's Armed Forces, the Hero Vietnamese Mothers, and the Labor Heroes;

4. The war invalids, diseased soldiers and those who are entitled to policies regarding war invalids;

5. Those who were engaged in revolutionary or resistance activities, and who were arrested, imprisoned or exiled by the enemy;

6. Those who took part in the resistance war for national liberation and national defense, and in the discharge of international duties;

7. Those who had made meritorious deeds in assisting the revolution.

Article 2.- The State shall extend preferential treatment to the people stipulated in Article 1 of this Ordinance, in a way commensurate with the socio-economic situation of the country in each period. Annually, the State shall allocate a budget to ensure the implementation of this preferential treatment.

Article 3.-

1. The State agencies, the Vietnam Fatherland Front and its member organizations, the socio-economic organizations, the units of the People's Armed Forces and the population as a whole are responsible for mobilizing the participation in the caring for the people with meritorious services to the country and their families, in diversified forms and with realistic contents.

2. A "Gratitude Fund" shall be set up both at central and local levels throughout the country. It shall be raised by organizations and individuals of their own free will and out of their sense of responsibility.

Chapter II

PREFERENTIAL TREATMENT

Section I. FOR REVOLUTIONARY ACTIVISTS OF THE PRE-AUGUST 1945 REVOLUTION PERIOD

Article 4.- The revolutionary activist of the pre-August 1945 Revolution period stipulated in Article 1 of this Ordinance and entitled to preferential treatment, is one who joined revolutionary organizations prior to the 31st of December 1944, recognized by a competent agency or organization.

Article 5.- The revolutionary activist of the pre-August 1945 Revolution period, as stipulated in Article 4 of this Ordinance, shall be provided with a monthly preferential allowance, which is based on his/her seniority and period of activity. The State shall buy him/her health insurance, and organize for him/her appropriate cultural and spiritual activities. Depending on his/her merit and living conditions, the State may provide him/her with dwelling house or housing assistance. When he/she dies, the organizers of his/her memorial and burial service shall receive money to cover it, and his/her next of kin shall receive his/her death allowance.

Article 6.- Those who headed the people's revolutionary organizations at communal level or who left their home to join revolutionary activities between the 1st of January, 1945, and the General Insurrection of August 1945, and who are so recognized by the competent agency or organization, shall be entitled to the "pre-insurrection" preferential seniority-based allowance stipulated by the Government.

Section II: FOR FALLEN HEROES AND THEIR FAMILIES

Article 7.- The fallen hero is the one who laid down his/her life for the revolutionary cause of national liberation, national defense, and discharge of international duty or for the interests of the State and people, and has been posthumously awarded the "Fatherland-Honored Service" certificate by the State.

Article 8.-

1. The unit or agency of the fallen hero, or the locality where the hero laid down his/her life, is responsible for burying the hero and taking care of his/her grave. The local authority, where the fallen hero resided, is responsible for organizing a solemn memorial service in his/her honor.

2. The Government shall set the regulation for the grouping of graves of fallen heroes, build and manage their cemeteries, memorials and tombstones, and inform their families of the places of their graves.

Article 9.-

1. The family of a fallen hero is composed of his/her next of kin: wife/husband, child (children), biological parents and foster parents, and is issued with the certificate of "Fallen Hero's Family" by the competent State agency.

2. The family of the fallen hero is entitled to the following privileges:

a) To be assisted in employment, household economy and life stabilization: to be given priority in land assignment, soft loans for production, tax exemption or reduction, and exemption of community service labor as stipulated by law. Depending on the circumstances of each family of the fallen hero and the capability of the locality, the family may be provided with land for housing, or housing assistance;

b) The family of the fallen hero is provided with a one-time death allowance. In the event that the fallen hero did not have any next of kin as stipulated in Paragraph 1 of this Article, one of the other relatives of the hero (biological brothers or sisters, uncles, aunts, etc.) who keeps the "Fatherland-Honored Service" certificate and carries out memorial services for the hero, shall be given the one-time allowance as stipulated by the Government.

3. The next of kin of the fallen hero who are entitled to his/her monthly death allowance include: the wife/ husband; the biological parents; the foster parents, who have reached 55 years of age for men and 50 years of age for women, or have lost their labor capability; the children below 16 years of age, or above 16 years but still going to school or being handicapped.

4. The next of kin of the fallen hero who are entitled to monthly fostering allowance include: those who are described in Paragraph 3 of this Article and who are helpless or orphaned; the next of kin of three fallen heroes or more who have reached 55 years of age for men and 50 years of age for women, or have lost their labor capability.

When the next of kin of the fallen hero as stipulated in this paragraph die, the organizers of their memorial and burial service shall receive money for it.

5. The next of kin of the fallen hero, who are enjoying monthly fostering allowance or his/her monthly death allowance, shall be provided with health insurance by the State.

6. The children of the fallen hero shall be given priority in education and training, employment and exemption from, or deferment in, obligatory military service as provided for by law.

Section III. FOR THE HEROES OF THE PEOPLE'S ARMED FORCES, THE HERO VIETNAMESE MOTHERS AND LABOR HEROES

Article 10.-

1. The Hero of the People's Armed Forces is one who is conferred with the title Hero by the State in recognition of his/her exceptionally outstanding merits in combat or in combat support.

2. The Hero Vietnamese Mother is one who has made numerous contributions and sacrifices for the cause of national liberation, national defense and discharge of international duty.

3. The Labor Hero as stipulated in Article 1 of this Ordinance who is entitled to the preferential treatment, is one who is awarded the title Hero by the State in recognition of his/her exceptionally outstanding merits in labor and production in service of the war of resistance.

Article 11.-

1. The Heroes of the People's Armed Forces and the Labor Heroes shall be provided by the State with health insurance, priority in land assignment and soft loans for production. Depending on their individual circumstances, the Heroes of the People's Armed Forces and Labor Heroes shall be suppported in housing by the State; and when they die, the organizers of their memorial and burial service shall be given money to cover it.

2. The Hero Vietnamese Mothers are entitled to the preferential treatment for next of kin of the fallen heroes; depending on their individual circumstances, they shall be provided with dwelling houses or housing assistance by the State and their local authorities; if they are lonely and helpless, they shall be given an additional monthly payment as provided for by the Government.

3. The Heroes of the People's Armed Forces, the Hero Vietnamese Mother and the Labor Hero are entitled to a monthly preferential treatment. The next of kin of the posthumously decorated Heroes of the People's Armed Forces and Hero Vietnamese Mothers shall be given a one-time allowance. The next of kin of the Heroes of the People's Armed Forces and Labor Heroes who died before the effective date of this Ordinance, shall be given a one-time allowance.

4. The children of the Heroes of the People's Armed Forces, Hero Vietnamese Mothers and Labor Heroes are given priority in education, training and employment.

Section IV. FOR WAR INVALIDS, DISEASED SOLDIERS AND BENEFICIARIES OF POLICIES FOR WAR INVALIDS

Article 12.-

1. The war invalids are military or public security personnel who, due to their activities in combat and combat support during the war of resistance and in national defense discharge of international duty, or in the fight against crimes, or in courageous discharge of especially dangerous duties, for the interests of the State and people, have suffered from injuries which cause a loss of 21% or more of their labor capability, and who are issued with the "War Invalid Certificate" and presented with the "War Invalid Badge" by competent State authority.

2. The beneficiaries of policies for war invalids are not military or public security personnel, but are wounded in cases described in Paragraph 1 of this Article, have lost 21% or more of their labor capability, and have been issued the "Certificate for benefits of policies for war invalids" by the competent State authority.

The war invalids and beneficiaries of policies for war invalids are hereafter commonly referred to as war invalids.

Article 13.- Diseased soldiers are military or public security personnel who suffer from diseases and have lost 61% or more of their labor capability in one of the following cases and, as a result, have been issued the "Certificate for Diseased Soldier" by the competent State agency:

- Operating on the battlefield;

- Operating in especially difficult areas for three years or more:

- Operating in especially difficult areas for less than three years but having served for more than 10 years in the People's Army or the People's Public Security Force;

- Having served for a full 15 years in the People's Army or the People's Public Security.

Article 14.- War invalids and diseased soldiers are entitled to monthly subsistence and subsidiary allowances, depending on their degrees of labor disability and the wage levels set by the Government.

Article 15.- War invalids and diseased soldiers are provided by the State with health insurance service in functional rehabilitation suited to their ability and the level of economic, scientific and technological development of the country; and with the necessary special utilities. War invalids, who die of their recurrent wounds, shall be considered for recognition as fallen heroes. When war invalids and diseased soldiers lose 61% or more of their labor capability, or die of sickness or accident, their next of kin shall be provided with their death allowance and the money to cover their memorial and burial service.

Article 16.-

1. War invalids are given priority in entrance exams into universities, colleges, higher schools and vocational secondary schools; and are entitled to exemption or reduction of tuition fees and other contributions to their schools.

2. Children of war invalids and diseased soldiers are given priority in education and training, and employment. Children of war invalids and diseased soldiers, who have lost 81% or more of their labor capability, shall be given exemption from, or deferment in, the military service duty required by law.

Article 17.-

1. The Government shall set the regulatory percentage of war invalid labor which is compulsory on a number of businesses; if the business refuses to take up its assigned quota of war invalid employment, it shall have to contribute a sum of money set by the Government to the employment fund for war invalids. The business, which employs war invalids in excess of the assigned quota, shall be provided by the State with assistance or soft loans to create appropriate working conditions for war invalid employees.

2. War invalids and diseased soldiers are given priority in land assignment, soft loans for production; are entitled to exemption or reduction of taxes and obligatory public services as required by law; and depending on their individual circumstances and the ability of their localities, are considered for housing land allowance or housing assistance.

3. The vocational schools and production or business establishment, reserved especially for war invalids and diseased soldiers, are assisted by the Government in terms of initial material basis, workshops, school places, equipment, facilities, exempted from taxes and provided with soft loans.

Section V. FOR REVOLUTIONARY OR RESISTANCE ACTIVISTS IMPRISONED OR EXILED BY THE ENEMY

Article 18.- The revolutionary or resistance activist, who was imprisoned or exiled by the enemy as stipulated in Article 1 of this Ordinance, is one who did not make any testimony harmful to the revolution or the resistance war, did not act as a lackey for the enemy and is recognized as such by the competent agency.

The revolutionary or resistance activist, who was imprisoned or exiled by the enemy, is awarded the "Memory Medal" by the State.

Article 19.- The revolutionary or resistance activist, who was imprisoned or exiled and suffered from a physical wound, is entitled to a monthly subsistence allowance as a war invalid of the same category; if the physical wound cannot be determined, the activist is entitled to a one-time allowance and State-provided health insurance; and when he/she dies, the organizer of his/her memorial and burial service is provided with the money to cover it.

Section VI. FOR THE ACTIVISTS IN THE RESISTANCE MOVEMENT FOR NATIONAL LIBERATION, NATIONAL DEFENSE AND THE DISCHARGE OF INTERNATIONAL DUTY

Article 20.- The activist in the resistance movement for national liberation, national defense and the discharge of international duty as stipulated in Article 1 of this Ordinance is one who took part in the resistance movement and was awarded by the State the Order or medal for his/her meritorious contributions.

Article 21.- The resistance activist, who has reached the age of 60 for men and 55 for women, is entitled to a monthly or one-time allowance, depending on the seniority terms provided for by the Government. When the resistance activist who is taking the monthly allowance and who is not a wage earner, pensioner or beneficiary of long-term allowance for labor disability, dies, the organizer of his/her memorial and burial service shall be provided with the money to cover it.

Section VII. FOR THE MERITORIOUS HELPERS OF THE REVOLUTION

Article 22.- The meritorious helper of the revolution as stipulated in Article 1 of this Ordinance is one who had meritorious deeds in assisting the revolution in time of difficulties and danger, and was awarded by the State the "Fatherland-Honored Service" medal or the "Meritorious Service" certificate.

Article 23.- The meritorious helper of the revolution is entitled to a monthly allowance and the preferential treatment as applied to next of kin of fallen heroes provided for in Article 9 of this Ordinance.

Chapter III

STATE MANAGEMENT OF THE PREFERENTIAL TREATMENTS

Article 24.-

1. The Government exercises unified management over the preferential treatments for the revolutionary activists, fallen heroes and their families, war invalids, diseased soldiers, the resistance activists and the meritorious helpers of the revolution throughout the country.

The Ministry of Labor, War Invalids and Social Affairs exercises the function of State management over the preferential treatment set in this Ordinance.

The concerned ministries and branches are responsible for coordinating with the Ministry of Labor, War Invalids and Social Affairs in the implementation of the preferential treatment of the people with meritorious services to the country.

2. The People's Committees at all levels and the other State agencies shall exercise State management over the preferential treatment within their territories and branches. The Labor, War Invalids and Social Affairs Services are responsible for assisting the People's Committees of the same levels in their exercise of State management of the preferential treatment of the people with meritorious services to the country, according to the assignment of the Ministry of Labor, War Invalids and Social Affairs.

Article 25.- The State management over the preferential treatment for revolutionary activists, fallen heroes and their families, war invalids, diseased soldiers, resistance activists, and meritorious helpers of the revolution, is composed of the following contents:

1. To record statistics of the number and monitor the situation of the persons provided for in this Ordinance;

2. To make reviews of, as well as amendments and supplements to, policies to make them suitable to the political, social and economic situation in each period;

3. To work together with the Vietnam Fatherland Front and its member organizations to guide the implementation of the all-people's movement to care for people with meritorious services to the country;

4. To handle complaints and denunciations, inspect and redress violations of this Ordinance and the other relevant legal provisions.

Article 26.- The Vietnam Fatherland Front and its member organizations shall supervise, and recommend the competent State agencies on, the implementation of the policies and regimes of preferential treatment provided for in this Ordinance.

The Vietnam Fatherland Front is in charge of the mobilization to set up the "Gratitude Fund" and shall assist the Labor, war Invalids and Social Affairs Services in the management and use of this fund.

Chapter IV

REWARD, DISCIPLINE AND SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS

Article 27.- Organizations and individuals, who make meritorious deeds in the implementation of the preferential treatment regimes provided for by this Ordinance, shall be rewarded in accordance with the State regime.

Article 28.-

1. Those, who make false declarations to be awarded with certificates for preferential treatment under the provisions of this Ordinance, shall, depending on the extent of their violations, be stripped off the certificates and required to return the money they have received, sanctioned administratively, or prosecuted for their penal liability.

2. Those, who abuse their status and authority to violate the provisions of this Ordinance, shall, depending on the extent of their violations, be disciplined, sanctioned administratively, or prosecuted for their penal liability.

Article 29.-

1. Those, who are enjoying the preferential treatment but commit crimes for which they are sentenced to imprisonment, shall not be entitled to the preferential treatment while serving the sentence.

2. Those, who are enjoying the preferential treatment but commit one of the crimes against national security or a serious crime for which they are sentenced to an imprisonment of 5 years or more, shall be permanently deprived of the preferential treatment from the effective date of their sentences.

Article 30.-

1. Organizations and individuals have the right to complaints and denunciations of the acts of violation of this Ordinance.

2. The competent State agencies are responsible for settling complaints and denunciations of the violation of the preferential treatment for people with meritorious services to the country, in accordance with the provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 31.- This Ordinance takes effect as from the 1st of January, 1995.

The previous provisions, which are contrary to the provisions of this Ordinance, are now annulled.

Article 32.- The preferential treatment provided for in this Ordinance applies to the revolutionary activists, fallen heroes and their families, war invalids, diseased soldiers, resistance activists and meritorious helpers of the revolution who had been recognized prior to the effective date of this Ordinance, and also to those who are considered for recognition after its effective date.

Article 33.- The Government shall make detailed provisions for the implementation of this Ordinance.

On behalf of the Standing Committee of the National Assembly

Chairman

NONG DUC MANH